Saturday, March 30, 2019

A Guide To Drafting Separation Agreement Ontario

By Deborah Martin


There comes a time when partners have to go separate ways. Because of the bond that existed and the presence of either property or children, it is important to sign a detailed separation agreement Ontario. It will determine what each takes and how others that cannot be divided will be utilized or handled. It also guides all future interactions to avoid conflicts or disagreements.

The deal is aimed at enabling both parties to each take up own responsibility and ensure that those to be shared are clearly outlined. The presence of a lawyer is not mandatory. However, you need to agree and ensure that your deal meets the set criterion in order to stand the test of the law.

Be thorough in your drafting. Capture all the details about areas in your lives that involved both parties. There are loopholes that cannot withstand the passage of time like the value of properties and changes that happen after you have separated. Contemplate tangible implications that affect both parties.

Agree on precise details in your deal. This helps to eliminate ambiguity during interpretation of the deal. For instance, name the vehicle you wish to take including its model. In case there are two vehicles, you must indicate the exact one you should get. If a dispute arises, it will be easier to refer to what you had agreed. No one can dispute information that is precise.

Enter information that is factual and detailed. Only facts can be used to make a determination in case conflicts arise. For instance, the name of both spouses must be entered the way they appear on official documents. Vehicle models and apartment addresses must also be accurate. Liabilities and bank details must be accurate. In case some letters or digits are missing, you are likely to lose if a conflict arises.

Prepare a deal that is personalized to address your unique situation. Do not copy what your relatives, friends or associates have agreed upon. The circumstances you are facing are different from what your friends are facing. Picking a One-Size-Fit-All package will prove a huge problem. You end up getting the shorter end of the deal or causing conflicts in future.

Prepare for the future through agreed deal. The moment many people are separating is usually marked with tension and a desire never to meet again. This is likely to blind you into failing to contemplate future changes. However, you might want custody for children, for example but they may want to be with the other parent more often. Leave a leeway for changes in conditions in future.

Take the most realistic approach when you are discussing issues. An example is where you cannot control every aspect of life for your partner. Though you might agree on visitation, and issue like sickness, school and random meetings may cause you to be in the same environment. When you make the conditions too strict, they will cause unnecessary conflicts.

Work with a professional to review issues agreed before you can file it in court. A lawyer will help you tie the loose ends even though he might not participate in actual drafting. Protect your interests as much as possible but also be realistic.




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